By: Wentworth S.B. No. 1379
A BILL TO BE ENTITLED
AN ACT
1-1 relating to prosecutor assistance by the Office of the Attorney
1-2 General of Texas; and making an appropriation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Article 2.07, Texas Code of
1-5 Criminal Procedure, is amended to read as follows:
1-6 (d) In Subsections (b) and (c) of this article, "attorney
1-7 for the state" means a county attorney, a district attorney, <or> a
1-8 criminal district attorney, or an Assistant Texas Attorney General.
1-9 SECTION 2. Chapter 402, Government Code, is amended by
1-10 adding Section 402.028 to read as follows:
1-11 Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) At
1-12 the request of a district attorney, criminal district attorney or
1-13 county attorney, the attorney general may provide assistance in the
1-14 prosecution of all manner of criminal cases, including
1-15 participation by an assistant attorney general as an assistant
1-16 prosecutor when so appointed by the district attorney, criminal
1-17 district attorney or county attorney.
1-18 (b) A district attorney, criminal district attorney or
1-19 county attorney may appoint and deputize an assistant attorney
1-20 general as assistant prosecutor to provide assistance in the
1-21 prosecution of criminal cases, including the performance of any
1-22 duty imposed by law upon the district attorney, criminal district
1-23 attorney or county attorney.
2-1 (c) Nothing in this section shall prohibit an assistant
2-2 attorney general from appointment as attorney pro tem under
2-3 provision of Article 2.07 of the Code of Criminal Procedure.
2-4 SECTION 3. Section 41.102, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A
2-7 prosecuting attorney may employ the assistant prosecuting
2-8 attorneys, investigators, secretaries, and other office personnel
2-9 that in his judgment are required for the proper and efficient
2-10 operation and administration of the office.
2-11 (b) A prosecuting attorney may request the assistance of the
2-12 attorney general in the prosecution of all manner of criminal cases
2-13 or in performing any duty imposed by law upon the prosecuting
2-14 attorney. In requesting such assistance, a prosecuting attorney
2-15 may appoint any assistant attorney general as an assistant
2-16 prosecuting attorney.
2-17 SECTION 4. Article 6252-9a of the Texas Revised Civil
2-18 Statutes is amended by the addition of Section 4 to read as
2-19 follows:
2-20 Sec. 4. ASSISTANCE BY ATTORNEY GENERAL. Nothing in this
2-21 article shall prevent the attorney general from providing
2-22 assistance to district attorneys, criminal district attorneys and
2-23 county attorneys upon request by allowing assistant attorneys
2-24 general to serve as duly appointed and deputized assistant
2-25 prosecutors, nor shall this article prohibit the appointment of an
3-1 assistant attorney general from serving as an attorney pro tem
3-2 pursuant to Article 2.07, Code of Criminal Procedure.
3-3 SECTION 5. Moneys credited to the attorney general account
3-4 and the attorney general law enforcement account are hereby
3-5 appropriated. Unexpended balances credited to the accounts at the
3-6 end of a biennium are carried over to the next successive biennium.
3-7 SECTION 6. EFFECTIVE DATE. This Act takes effect
3-8 September 1, 1995.
3-9 SECTION 7. EMERGENCY. The importance of this legislation
3-10 and the crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.